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07/30/2010 09:15 PM

Split ruling from NY judge on cigarette regs

By: Jen Markham

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BUFFALO, N.Y. -- It's a victory for Native American smoke shops but a setback for Native American mail order cigarette companies.

A federal judge has ruled members of the Seneca Indian Nation will have to comply with some, but not all provisions of the pact act while they fight to have the law struck down.

The split ruling allows Native American smoke shops to be exempt from the part of the law that requires sellers to collect state and local taxes, but requires nation mail order companies to comply with the part of the law that prevents them from selling cigarettes through the mail.

The nation is challenging the law's constitutionality.